Same-sex marriage licenses now available in Elmore

Elmore County Probate Judge John Enslen says he is stopping weddings at the Elmore County Courthouse in Wetumpka, Ala. because he is against same sex marriage on Friday February 6, 2015.(Photo: , Mickey Welsh / Advertiser)Buy Photo

Same-sex marriage licenses are now available in all probate courts in the tri-county area.

Elmore County Probate Judge John Enslen said same-sex marriage licenses will now be available in Elmore County. He joins Montgomery County Probate Judge Steven Reed and Autauga County Probate Judge Al Booth in issuing the licenses.

Reed had been insistent that he would issue the licenses and began doing so Monday morning. Booth began doing so Monday afternoon after initially stating his confusion concerning an order from Alabama Chief Justice Roy Moore banning probate judges from issuing same-sex marriage licenses.

Enslen referred to Moore's order on Monday when he stated he would not issue same-sex marriage licenses. In his statement on Tuesday, Enslen refers to a ruling from the federal district court that any probate judge who refuses to issue marriage licenses to same-sex couples will be "subject to the payment of damages and all litigation costs incurred by the denied same-sex couple in a federal civil action."

"Therefore, in accordance with my sworn oath to uphold the federal constitution, even if I personally disagree with the manner in which it has been interpreted, the Probate Office of Elmore County will, as several Alabama counties have already done, commence issuing same sex marriage licenses today, February 10, 2015," Enslen stated.

He added they have not received any applications.

Last week Enslen made the decision to no longer perform the optional marriage ceremony at the Elmore County Courthouse. He said in Tuesday's statement that there will still no longer be marriage ceremonies perform.

Read Enslen's full statement below:

Public Announcement

I feel I have received the additional legal guidance that I need to resolve conflicting instructions regarding the issuance of same sex marriage licenses. The United States Supreme Court, in a 7-2 vote, has granted "no-stay" support to the federal district court's ruling which nullified Alabama's constitutional provision restricting marriage to one man and one woman. Also, the federal district court has now issued a subsequent ruling that any probate judge who refuses to issue marriage licenses to same sex couples will be subject to the payment of damages and all litigation costs incurred by the denied same sex couple in a federal civil action. The dust has quickly settled, and it is clear to me that our federal constitution, consistent with the federal district court's ruling, will be interpreted to provide a constitutional right to same sex marriage on a national scale. Whether national or not, it now applies to Alabama.

Therefore, in accordance with my sworn oath to uphold the federal constitution, even if I personally disagree with the manner in which it has been interpreted, the Probate Office of Elmore County will, as several Alabama counties have already done, commence issuing same sex marriage licenses today, February 10, 2015. We have thus far had no applicants. Only one avenue of modifying the United States Constitution remains available to the people. There is a process built into the federal constitution which would allow thirty-eight states to enact an amendment restricting marriage to one man and one woman. Such an amendment is the only legal action that can trump the federal judicial activism that has totally redefined the word "marriage."

There will be no change whatsoever in the previously announced policy that the Probate Office of Elmore County will not perform marriage ceremonies of any type during the remainder of my administration. Regretfully, but respectfully,